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The firm handles a variety
of litigation relating to foreclosure of liens and other claims
to real property including construction liens, tax liens, mortgage
liens, trust indentures and contracts for deed. These matters
generally involve disputes over the validity and relative priority
of competing claims to the same property and culminate in a judgment
declaring the respective rights of the parties. In cases where
the claim involved is one for payment, the property is ordered
sold at a public sale and the proceeds disbursed according to
the priority of the claims established to the subject property.
In the case of foreclosure to recover
obligations secured by a trust indenture, sale of the property
is commonly conducted without involving the courts through the
use of a non-judicial procedure under the Montana Small Tract
Financing Act. The sale is conducted by a member of the firm
who acts as trustee under the trust indenture as well as counsel
for the lender.
The firm represents a variety of
clients in this area including builders, material suppliers,
developers, property owners and lenders. |
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Foreclosure and Quiet
Title Attorneys: |
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